30% OFF Pride collection code: USAPRIDE! Free Shipping over $99

DOMA Decision: What will the justices decide?

by The Next Family April 01, 2013

us v windsor

All eyes were on the Supreme Court of the United States Tuesday and Wednesday as nine U.S. Supreme Court Justices heard oral arguments in two very public cases: Hollingsworth v. Perry(Proposition 8) and United States v. Windsor.

In case you missed anything, we’re going to catch you up. Take a look.


CNN reports:

A ruling is expected within three months on the constitutionality of the 1996 law that defines marriage for federal purposes as only between one man and one woman.

Wednesday’s arguments concluded two days of presentations before the high court on one of the most prevalent social issues of this era — the right of gay and lesbian couples to wed and receive the full benefits of law provided to heterosexual couples.

Afterward, Edith “Edie” Windsor, 83, stood on the steps of the courthouse — near the “Equal Justice Under Law” slogan engraved above — and proclaimed something she hid for decades before her challenge against the act known as DOMA.

“I am today an out lesbian, OK, who just sued the United States of America, which is kind of overwhelming for me,” she said. She had just watched almost two hours of oral arguments before the nation’s highest court on how she had to pay higher estate taxes than someone in a heterosexual marriage.

Windsor tried to explain to reporters why she and her late spouse, Thea Spyer, married in New York when the law allowed it after decades together.

Marriage, she said, is “a magic word, for anyone who doesn’t understand why we want it and why we need it.”

“We did win in the lower court,” Windsor added, then later predicted: “I think it’s gonna be good.”


ABC News Reports

Justice Anthony Kennedy, viewed as a key swing vote, appeared critical of the federal government’s declining to recognize marriages that states have made legal.

Kennedy cited concerns about federalism, saying there was a “real risk” of the federal law running into conflict with a state’s power.

“The question,” Kennedy said, “is whether or not the Federal government, under out federalism scheme, has the authority to regulate marriage.”

The four liberal justices expressed similar concerns over federal power, as well as other concerns about equal protection of gay Americans under the law.

Justice Ruth Bader Ginsburg asked about a marriage that is recognized by the state but not the federal government. She pointed out that a couple who is legally married in their state might be denied marital deductions and Social Security benefits. “Your spouse is very sick, but you can’t get leave,” she said. “One might well ask, what kind of marriage is this?”

Later, Ginsburg said that one marriage is considered regular and the other “skim milk.”


The post DOMA Decision: What will the justices decide? appeared first on The Next Family.

The Next Family
The Next Family


Leave a comment

Comments will be approved before showing up.

Also in Parenting

Modern Fitness For the Modern Parent

by The Next Family March 25, 2016


Originally published on The Seattle Lesbian

By Laura King

Life can get busy. With work, kids, family commitments, friends, chores, and the general chaos of everyday life, it can be near impossible at times to sit down for a cup of tea, let alone squeeze in an hour of exercise regularly. However, all things are possible if you set your mind to them. Those that prioritize their fitness nearly...

Continue Reading →

Estate Planning: The Basics For LGBT Families

by The Next Family March 25, 2016

With the passage of marriage equality last year, laws have been quickly changing across the United States. LGBT couples with or without children weren’t just given the right of marriage, they were provided new protections and benefits within their families. All of a sudden, LGBT couples and families had to figure out how to file jointly when it came to taxes, how to add...

Continue Reading →

Representation of Modern Families in Kid-Friendly Entertainment

by The Next Family March 24, 2016 1 Comment


By Alex Temblador

I recently wrote an article for The Next Family called, “Family-Friendly Films That Feature Adoption and Foster Care,” that shared wonderful family films with adoption or foster care story lines. My reasoning behind doing so was because every family deserves a chance to see similar families like theirs represented in various forms of entertainment.

The same can be said of other...

Continue Reading →